During the adjudicatory process, there are usually two judicial hearings that the juvenile attends. The first is the initial appearance, is the equivalent of arraignment where the juvenile is notified of the charges against them, they are appointed legal counsel and bail is considered. If the case has not been settled by the close of the initial appearance, it is held for trial. In re Gault is the case that changed the nature of juvenile trials forever. In 1967, the United States Supreme Court ruled that defendants must be afforded the same rights as adults.…
The evidence found at a crime scene can be used to provide visual evidence. Evidence used should be used with wisdom. Visual evidence helps the jury gain a better understanding of what took place during that time. People can’t go to trial without some type of presentation such as animations, graphics, and videos. Presentations may be costly but it can make the difference between being freedom or prison.…
But we the plaintiff we prove otherwise. In order for the defendant to found guilty, we must prove three points (list them and how many there is and explain them) list things to prove -ex "Now there are three elements that are necessary to prove the defendant guilty of burning down Mr.Dre Nash’s facility and of being an arsonist beyond a reasonable doubt. 1) There was a fire at Nash Electromotive.…
The prosecution would try to prove its case by trying to have more important information and win the case by having better arguments and winning the case. The prosecution sides job is to try to prove that the defendant is guilty. What would be the strategy of the defense team? What is the role of evidence? Why is it important?…
In the criminal cases due process includes the need for probable cause before you can arrest someone and that the criminal defendant is presumed innocent until a judge or jury finds them guilty of the crime. Due process focuses more on the step by step examination of the criminal defendant. The process begins by analyzing the defendants’ rights through the police investigation and if they find probable cause they are arrested. This means that the person believes a crime has been committed and the person of interest is involved. They look into the statement the suspect reported to the police and check out any evidence they have.…
When someone violates an administrative agency’s rules and regulations, they must go through the adjudication process. This process is made up of several steps than can result in an appeal or rising to a higher level of court. To start with, agencies have their own separation of power. There is a group who writes the rules, another group that prosecutes violators, and a group to decide if a rule has been broken and the penalties. This results in the adversary process trial.…
Evidentiary matters Council on both sides are allowed to request the exclusion of certain evidence. This is referred to as “in limine” Opening statements Opening statement begging with the prosecution, and is followed by the defense, and are made to the judge or jury, depending on the trail type. Both sides are precise in what they say they can deliver. The defense may refrain from making an opening statement until the commencement of their defense. The defense may decline to make an opening statement.…
Then you have the judge who oversees the process and that the offender gets a fair trial, that any plea agreements are fair for the offender, and then the judge sentences the offender if found…
The first part of the trail, the jury determines the guilt of the defendant. And in the second part, after the defendant has been convicted, additional evidence can be an be introduced relevant to the punishment appropriate for the…
The right to counsel is something that a defendant should be allowed as our Sixth Amendment right states. Having this right, give the defendant their own choice as to who can represent them, when they are paying for it on their own accord. The Sixth Amendment rights state, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. ”(Book).…
Criminal procedure is the process of adjudication in law. Adjudication is the process by which a judge or jury reviews the evidence presented in a case to determine the verdict (Oleson, 2014). There are three types of variation when it comes to adjudication: heavy reliance on professional judges, mixed reliance, and heavy reliance on laypeople (Reichel, 2013). These variations basically summarize how the ultimate case decision is made. Under high reliance on professional judges, the judge is the ultimate decision maker of the case after hearing both sides argue their points.…
During the preliminary hearing, the prosecutor presents only the amount of evidence necessary to demonstrate probable guilt. If the presiding judge determines that there is probable cause, the case will proceed to the next phase. While in some states, this next phase may be a grand jury hearing, and in others it may be the trial. Holloway (2014) enlightens, if the…
The Pretrial process is very important to any case. It is important to both sides. It sets the climate for the prosecution’s strategy and it helps the defendant’s lawyer know how he needs to best set up the defense for his client. Bail is set for the defendant, and an examination of the facts is also reviewed. If a grand jury is chosen there are rules that have to be followed in order for a fair trial to be given.…
The criminal justice system is made of rules that are in place to not only protect the victim and the convicted, but also the prosecution and the defense attorneys. The system is governed by these guidelines from the time a police officer suspects a crime all the way to the day the offender is released from prison. The steps for an individual to be convicted of a crime must start with the arrest, and fallow the process in order to the pre-trial, trial, and appeals. There are different guidelines that apply to state and federal cases. To effectively understand the criminal justice process a person must start at the bottom and follow the progression of the charge.…
It’s the prosecutor job to prove to the court that the defendant is guilty beyond a reasonable doubt. The jury will decide in a civil case if the defendant is guilty or not. If the evidence provided is not enough to prove the defendant guilty, the case will be dismiss. The jury must decide if there is enough evidence to equal 99 percent, and therefore the prosecution met its burden of proof…